2Interpretation

2 Interpretation (1) In these regulations, unless the contrary intention appears: > ACT Government control, in relation to a company, means the holding of a controlling interest in the company by all or any of the following: (a) the Australian Capital Territory (or its nominees); (b) an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Australian Capital Territory; (c) a company, or other body corporate, that is under ACT Government control (within the meaning of this definition). > ASPI Ltd means Australian Strategic Policy Institute Limited (ACN 097369045), incorporated under the Corporations Act 2001 on 22 August 2001. > ASP Ship Management means the partnership known by that name entered into between Marine Management Services Pty Ltd and Associated Steamships Pty Ltd. > ATP Ltd means Australian Training Products Limited (ACN 062758632), incorporated under the Corporations Law on 15 August 1994. > Australian Government Solicitor means the body corporate established under Division 2 of Part VIIIB of the Judiciary Act 1903. > AWB Limited means the company (ACN 081890459) that was established under the Corporations Law on 1 June 1998. > Commonwealth control, in relation to a company, means the holding of a controlling interest in the company by all or any of the following: (a) the Commonwealth (or its nominees); (b) an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Commonwealth; (c) a company, or other body corporate, that is under Commonwealth control (within the meaning of this definition). > CSS/PSS Board means either or both of: (a) the CSS Board established under section 27A of the Superannuation Act 1976; and (b) the PSS Board established under section 20 of the Superannuation Act 1990. > employee of ASP Ship Management means a person employed by the partners of ASP Ship Management for the purposes of the partnership. > Medibank means the company (ACN 080890259) that was incorporated under the Corporations Law on 1 December 1997. > mobility allowance means an allowance of that name payable in accordance with a determination made under section 82D of the Public Service Act 1922. > officer has the same meaning as in the Public Service Act. > performance pay means a payment of that name made under an industrial agreement under Division 3A of Part VI of the Industrial Relations Act 1988. > Public Service Act means the Public Service Act 1922. > Qantas employee means an employee (other than a casual employee or a temporary part-time employee) of a company that is: (a) Qantas; or (b) a Qantas subsidiary; within the respective meanings of the Qantas Sale Act 1992. > relevant Northern Territory employment means any of the following employment: (a) employment as a member of the Police Force of the Northern Territory; (b) employment by an approved authority, being the Northern Territory of Australia or an authority or body established by or under a law of that Territory; (c) employment as the holder of a statutory office established by a law of the Northern Territory of Australia. > relevant person means a person to whom section 14A of the Act applies. > SMHEA corporatisation date means the date on which section 59 of the Snowy Hydro Corporatisation Act 1997 commences. > State superannuation scheme means a superannuation scheme established under the law of a State and applying to persons employed in the Public Service, or any other service, of the State. > superannuation scheme means a superannuation or retirement benefits scheme applying to persons by reason of their being engaged in certain employment but, subject to subregulation (5), does not include: (a) a scheme to the extent that membership of that scheme by the person is for the preservation or payment of productivity related benefits as defined in section 110A of the Act; or (b) the Public Sector Superannuation Scheme to the extent that membership of that scheme by the person relates to other employment; or (c) a scheme to the extent that participation in that scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992. > the Act means the Superannuation Act 1976. > the 50% sale day has the same meaning as in the Qantas Sale Act 1992. > top-up arrangement has the meaning given by subregulation (3). (2) For the purposes of these regulations, a person is taken to be a member of a superannuation scheme for top-up purposes if, and only if, he or she is a member of the scheme: (a) by reason only of a top-up arrangement; or (b) by reason of: (i) a top-up arrangement; and (ii) any of the following circumstances: (A) contributions are made to the scheme in relation to performance pay; (B) the person is a member of the scheme for the purpose of the preservation or payment of productivity related benefits as defined in section 110A of the Act; (C) participation in the scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992; but no other circumstance (except that mentioned in subparagraph (i)). (3) Subject to subregulation (4), a top-up arrangement is an arrangement between the person (the payee) to whom, under the arrangement, remuneration is paid and the person (the payer) who pays the remuneration, by which the payer makes contributions in respect of the payee to a superannuation scheme (which may be a scheme applying only in respect of the payee). (4) An arrangement is not a top-up arrangement unless: (a) the contributions mentioned in subregulation (3): (i) constitute part of the payee’s overall remuneration; and (ii) are not paid as an addition to remuneration otherwise payable; and (b) the payer makes payments under the Act: (i) in respect of the payee; and (ii) in relation to the employment or office to which the arrangement relates. (5) Paragraphs (a) and (c) of the definition of superannuation scheme do not apply in relation to: (a) subregulation (2) or (3); or (b) a reference in any other provision of these regulations to a scheme of which a person is taken, under subregulation (2), to be a member.